Arbitration Win Fixes Unpaid OT Issue for Part-Time Employees

A May 31 arbitration decision clarifying how overtime (OT) is applied for regular part-time (RPT) employees who work beyond the consecutive shift limit under the Nurses’ Bargaining Association (NBA) provincial collective agreement means BCNU’s interpretation of the contract language will be applied by health authority and affiliate employers across the province.

The arbitrator confirmed that Article 27.05 of the NBA contract entitles RPT employees to double time (OT) pay for the last additional shifts that result in their working beyond the number of allowable consecutive days (e.g., more than six consecutive eight-hour days or more than four extended shifts). If the last shift(s) in the sequence are regularly scheduled, they are counted for the purposes of determining if the sequence reaches the consecutive shift limit, but do not attract OT.

Health authorities’ interpretation of the contract provisions had been inconsistent, and at times employers would count the order of when the shift was accepted rather than when it was worked. This resulted in some RPT employees not receiving the appropriate amount of OT pay. In some cases, employers were failing to pay OT when the threshold was clearly exceeded by additional shifts.

This arbitration decision ensures that OT is applied based on the number of shifts actually worked, not when they were picked up or scheduled.

Note: If an RPT employee takes a day off in the sequence, the OT clause is not triggered, even if the total number of shifts worked over that period is high.

Members who believe they are owed OT should review their schedules and shift types and contact their steward, who can assist with verifying the number of consecutive shifts worked, identifying which were regular vs. additional, and determining if the consecutive threshold was exceeded.

Examples

Example 1: extended shifts

• Regular schedule: Monday, Tuesday, Friday
• Additional shifts picked up: Wednesday, Thursday
• Worked: five consecutive extended shifts
• Outcome:
  • Monday, Tuesday, Friday (regular schedule) are straight time.
  • Wednesday (additional shift) is straight time.
  • Thursday (additional shift) is double time.

Example 2: eight-hour shifts

• Regular schedule: Sunday, Monday, Tuesday, Friday, Saturday, Sunday
• Additional shifts picked up: Wednesday, Thursday
• Worked: eight consecutive standard shifts
• Outcome:
  • All regular shifts are straight time.
  • Wednesday and Thursday (additional shifts) are double time.

Background

An arbitration decision was issued May 31, 2025, clarifying the correct interpretation and application of Article 27.05(B)(3) of the NBA provincial collective agreement, which governs overtime (OT) entitlement for regular part-time (RPT) employees who work consecutive shifts in excess of a normal work week. The union’s method of calculating overtime, which the arbitrator accepted, clarifies how additional and regular shifts are to be treated for OT purposes.